Now, almost 20 years later, many of the state
constitutional issues we explored in the mid-1990's persist, and new ones have emerged.
Not exact matches
Featuring three engaging actors who play multiple roles, Living News introduces controversial
constitutional issues and encourages the students to
explore their own points of view.
A panel of immigration and
constitutional law experts
explored these
issues this morning at the ABA meeting in Toronto... [more]
A panel of immigration and
constitutional law experts
explored these
issues this morning at the ABA meeting in Toronto.
In future posts, I will
explore some of the
constitutional and non-
constitutional issues raised in these cases and also speculate about how particular Justices might view these cases.
I am pleased to see that some folks over at The Volokh Conspiracy are
exploring the Miers» nomination through the lens of criminal justice
issues: Orin Kerr speculates here on how Miers might handle death penalty cases, and Juan Non-Volokh notes here how much of the High Court's
constitutional work is in the arena of criminal procedure.
1) we agree to disagree:) 2) supremacy of EU law for the EU system is the equivalent of the hard core of
constitutional values that some national Courts defend against EU (and ECHR)- it is not a matter of «legitimacy» or «patriotism» but of using a «lower rank» instrument (accession treaty) to interfere with a treaty rule: the identical issue is for States who have a «rigid» constitution (alike the Treaty binds the CIEU): the accession treaty to ECHR or EU has a «lower rank» than the Constitution itself, so that the national Constitutional Court can not accept it can derogate to a higher ranking rule - usually they will find a way to reconcile the «construction» of the two set of rules, but if they are requested of an opinion on the point of principle, they will always say that in the very end, if all other paths have been explored to avoid the conflict, eventually it is the Constitution and neither ECHR nor EUw
constitutional values that some national Courts defend against EU (and ECHR)- it is not a matter of «legitimacy» or «patriotism» but of using a «lower rank» instrument (accession treaty) to interfere with a treaty rule: the identical
issue is for States who have a «rigid» constitution (alike the Treaty binds the CIEU): the accession treaty to ECHR or EU has a «lower rank» than the Constitution itself, so that the national
Constitutional Court can not accept it can derogate to a higher ranking rule - usually they will find a way to reconcile the «construction» of the two set of rules, but if they are requested of an opinion on the point of principle, they will always say that in the very end, if all other paths have been explored to avoid the conflict, eventually it is the Constitution and neither ECHR nor EUw
Constitutional Court can not accept it can derogate to a higher ranking rule - usually they will find a way to reconcile the «construction» of the two set of rules, but if they are requested of an opinion on the point of principle, they will always say that in the very end, if all other paths have been
explored to avoid the conflict, eventually it is the Constitution and neither ECHR nor EUwhich prevails.
This
issue was
explored by the Department for
Constitutional Affairs» consultation paper Confidence and Confidentiality: Improving Transparency and Privacy in Family Courts in July 2006 (CP 11/06).
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